DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Ltd T/A ARC - The Australian Reinforcing Company
(AG2015/1227)

THE AUSTRALIAN REINFORCING COMPANY CAIRNS ENTERPRISE AGREEMENT 2015 TO 2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	NEWCASTLE, 4 JUNE 2015

Application for approval of The Australian Reinforcing Company Cairns Enterprise Agreement 2015 to 2016.

[1] An application has been made for approval of an enterprise agreement known as The Australian Reinforcing Company Cairns Enterprise Agreement 2015 to 2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by SSX Services Pty Ltd t/a ARC - The Australian Reinforcing Company. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 June 2015. The nominal expiry date of the Agreement is 30 April 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by SSX Services Pty Ltd, trading as The Australian Reinforcing Company, seeking approval of the Cairns Enterprise Agreement 2015 to 2016. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly with respect to minimum entitlements and the process through which the agreement was made. The Fair Work Commission was tasked with determining these issues.

The primary legal issues involved whether the agreement met the requirements for registration under the Fair Work Act, including whether it provided for the minimum entitlements stipulated by the Act, and if the process leading to the agreement's formation was lawful and in line with the prescribed procedures. Additionally, the court had to consider if the agreement contained any clauses that were contrary to public policy or not genuinely bargained for.

The Commission found that the agreement provided for the minimum entitlements required by law and that the process of reaching the agreement was fair and in compliance with the Act. The Commission noted that the agreement had been negotiated in good faith and that it did not contain any provisions that were against public policy or not genuinely bargained for. Consequently, the Commission approved the agreement, finding it met all necessary legal standards for registration.

As a result of the Commission's decision, the Cairns Enterprise Agreement 2015 to 2016 was approved for registration, effective from the date of the decision. The approval ensures that the agreement is legally binding on the parties and enforceable under the Fair Work Act.

SSX Services Pty Ltd T/A ARC - The Australian Reinforcing Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established